General Contractual Terms and Conditions of Titanium Security and Protection Ltd.
- General execution of duties
Guard duty for mobile or static guard services shall be provided by uniformed, trained security officers. Mobile security services will be undertaken at irregular times where possible during each circuit. Static guard services will be undertaken in line with the instructions agreed with the Customer. In certain, unforeseen circumstances it may be necessary to abstain from mobile patrols and static guard walkabouts.
- Extent of guard duty and operational directive
In individual cases the written operational directive shall solely apply to the performance of guard duties. This will be agreed between each Customer and Titanium Security and Protection Ltd. We cannot accept liability for the certain success of the guard duty. Modifications and additions to the operational directive by either party shall require agreement in writing. Orders relating to this, which are directed to the service providers alone, are inadequate. The Customer shall be responsible for ensuring the accuracy and completeness of all information relevant to fulfilling the contract, Should the operational directive specify “External surveillance”, monitoring shall only be provided from the street. In contrast, if “Internal surveillance” is specified, monitoring shall be provided in the inside of the property – depending on the operational directive – in courtyards, gardens, buildings etc. With static guard services, the number of circuits shall be mutually agreed. The Customer shall draw the attention of Titanium Security and Protection Ltd. in writing to any especially valuable objects or objects at risk of theft and shall make appropriate, lockable storage receptacles or rooms available.
Keys required for guard duty and other services shall be provided promptly and free of charge by the Customer. Titanium Security and Protection Ltd. shall be liable for loss of keys by security officers.
Complaints of any kind, should be immediately brought to the attention of management at Titanium Security and Protection Ltd in writing with a request for rectification, otherwise Titanium Security and Protection Ltd shall be unable to accept legal consequences based on alleged complaints. If these complaints shall refer to significant infringements that jeopardise the purpose of the Contract, the Customer shall be entitled to terminate the Contract without notice should he notify the management of Titanium Security and Protection Ltd immediately in writing and should the latter not remedy the situation in the shortest possible time – but at the longest within two weeks.
- Contract term
The security contract shall run for the specific term agreed by the Customer and Titanium Security and Protection Ltd, unless otherwise notified in writing by either party.
- Interruption of security services
In the event of acts of God, in particular due to strikes, riots and in the event of war, Titanium Security and Protection Ltd. can interrupt or alter the security services accordingly where the performance of such services shall be prevented. Payment terms in such cases will be agreed upon on a case by case basis with each Customer.
- Premature termination of contract
The Customer may terminate the Contract prematurely by giving a notice period in writing of one month in the event of the sale or surrender of the property being guarded. If the customer is relocating, security services provided by Titanium Security and Protection Ltd will be continued for the remainder of the term in the new location.
Should Titanium Security and Protection Ltd have to alter or surrender the site due to reasons not in its control, it shall be entitled to cancel the contract with one month’s written notice.
Should the Customer become insolvent or have its credit rating downgraded, Titanium Security and Protection Ltd. will be entitled to terminate the contract with immediate effect and seek compensation for damages suffered.
- Employment of security personnel
The Customer shall not be able to employ security officers or other personnel provided by Titanium Security and Protection Ltd. to perform the contractual duties during the duration of its contract with Titanium Security and Protection Ltd. or for the one year period following the end of the contract.
Should the Customer breach this agreement, they must compensate Titanium Security and Protection Ltd. a sum agreed by both parties.
Titanium Security and Protection Ltd. shall be liable to provide insurance cover for the Customer by taking out third party liability insurance, for damage caused by the fault of Titanium Security and Protection Ltd. or caused by its personnel in their duty to meet contractual obligations. The burden of proof for blame for such claims is with the Customer.
Only damage from break-ins or theft reported to the police shall be regarded as such.
Titanium Security and Protection Ltd. shall not be liable for the value as new but for the market value at the time of the damaging event. Damage claims shall be handled by the insurance company. Deductions from the invoiced amount in relation to this section are not acceptable.
Proof of insurance must be available, if requested by the Customer.
Titanium Security and Protection Ltd. shall not be liable for consequential damage, e.g. loss of earnings, damage from interruption of operation etc. and for claims for compensation for damage from third parties. Titanium Security and Protection Ltd. shall not be liable for the duration of default in payment on the part of the Customer following issue of a reminder. Damage experienced by the Customer due to acts of God, war or terrorist activities shall be excluded from liability.
- Enforcement of liability claims
Claims for liability by Titanium Security and Protection Ltd. shall expire should the Customer fail to notify it immediately, in writing, and in the event that liability is rejected, court action must be taken within three months,
Payment for security and other services shall be payable one month in advance, unless otherwise agreed. Titanium Security and Protection Ltd. shall be entitled to increase the charge for services if there is a general increase in costs or a rise in wages in the security industry; it shall also be obliged to lower charges accordingly, if costs and wages in the security industry fall.
- Intellectual property and retention of title
Quotations, concepts and any other documents provided by Titanium Security and Protection Ltd. shall remain property of Titanium Security and Protection Ltd. They may only be passed on, reproduced, published or made available with prior consent from Titanium Security and Protection Ltd. The Customer also agrees to maintain confidentiality of the knowledge it obtains during the business relationship towards third parties. Title over goods supplied by Titanium Security and Protection Ltd. shall remain with it until payment has been made in full by the Customer.
- Contract start, changes to contract
The security contract shall be solely concluded under these General Contractual Terms and Conditions of Titanium Security and Protection Ltd. and shall be binding for Titanium Security and Protection Ltd. unless otherwise agreed in writing, at the contract start date. Any changes to the Contract must be made in writing.